Trump's special investigator calls for reopening of secret documents case

U.S. Department of Justice Special Counsel Jack Smith has filed an appeal in federal court to reopen the case against former President Donald Trump over alleged misuse of secret government documents found in his Florida home in 2021.

The case was dismissed in July by Florida Judge Aileen Cannon, a Trump appointee, who ruled that the very existence of special counsels violated the U.S. Constitution.

In his motion Monday, Smith wrote that the judge's opinion “deviated from precedent” and “did not adequately take into account” the history of legally appointed special prosecutors.

Trump's legal team has until September 26 to file a response to Mr Smith's arguments.

Trump had pleaded not guilty to several charges in the now-dismissed case, including willfully withholding information related to national defense.

The 37-count indictment accuses Trump of storing documents at his Florida estate, lying to investigators, and attempting to obstruct investigations into his handling of the documents.

He was charged together with his assistant Walt Nauta and his former colleague Carlos de Oliveira, who also pleaded not guilty.

In his filing on Monday, Mr. Smith defended the appointment of special counsels to a federal appeals court in Atlanta, citing “congressional support for this practice through appropriations and other legislation.”

“The Attorney General has legally appointed the special counsel and he has the necessary resources,” Smith’s team said.

“In ruling otherwise, the district court departed from binding Supreme Court precedent, misinterpreted the statutes authorizing the special counsel's appointment, and failed to adequately consider the long history of the Attorney General's appointment of special counsels.”

It pointed to the landmark 1974 case against former President Richard Nixon, arguing that it proved that the Attorney General had the “appointment authority” for special counsels.

“Nixon definitively rejects the defendants' challenge to the appointment of the special counsel, as has every other court that has considered the matter,” the complaint states.

“Congress has vested the Attorney General, like the heads of many other departments, with broad powers to structure the agency he heads to carry out the duties imposed on him by law,” Smith's prosecutors wrote.

The case was one of four criminal trials Trump faces. Regardless of the outcome of the case involving the classified documents, it is extremely unlikely that a trial will take place before the presidential election in November.

If Trump wins the election, experts say he will order the Justice Department to drop the charges against him.

A special counsel has the same powers as a U.S. attorney, including the ability to subpoena documents and file criminal charges. He is appointed by the attorneys general to facilitate an independent, impartial investigation.

They can also prosecute anyone who obstructs their investigations through crimes such as perjury, obstruction of justice, destruction of evidence and intimidation of witnesses.

They are not subject to the day-to-day supervision of the Department of Justice, which provides staff for the Office of Special Counsel.

Mr Trump is not the only well-known figure being investigated by a special counsel.

Hunter, the son of President Joe Biden, is also being prosecuted for weapons and tax offenses by a special prosecutor appointed by Attorney General Merrick Garland.

Mr. Garland appointed Mr. Smith to lead two federal investigations into Mr. Trump in 2022 – the classified documents case and another case alleging that Trump tried to influence the outcome of the 2020 election.

The outcome of both cases is uncertain after the Supreme Court ruled last month that presidents are legally immune from certain actions while in office.